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1SG Phillips


ISG Phillips

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Information:  I am 100% T and P and I want information on serving in the MP Corp over in Thailand during the Vietnam Nam war when they were spraying Agent Orange and I believe that I am having some of the diseases that was caused by the spraying. Is it worth filling out a claim if I am 100% TP already. Any information would be helpful. Thanks

retired USA ISg

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Maybe.  If you have a "single" 100 percent disability, plus additional disabilities that combine to 60 percent or more, which are seperate and distinct, then you should get SMC S, Housebound, which is about another 350 per month.  

Or, if you need Aid and Attendance or have loss of use of body parts, you should be entitled to SMC.  

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  • HadIt.com Elder

If you have dependants and you die of a non service connected reason that COULD have been service connected your spouse won't get DIC. 

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For DIC, it does not matter what causes the Veterans death after the Vet has been SC for 10 years...the spouse gets DIC.  

source:

https://www.law.cornell.edu/cfr/text/38/3.22

notice..it does NOT say this on the VA eligibility page..you have to go to the laws.  I think this is so fewer spouses apply as they think he has to die of a sc condition, and dont know that the cause of death does not matter when he has been sc for 10 years.

https://benefits.va.gov/compensation/types-dependency_and_indemnity.asp

This "proves" VA is trying to hide benefits from Vets on their own website.  Shocking.  

Edited by broncovet (see edit history)
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If a Veteran has been rated 100% for over ten years and is older than 55 then if he dies the his spouse is entitled to DIC no matter what he died from.

(jmo)

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Buck:

   The Veteran need not be "over 55":

Quote
§ 3.22 DIC benefits for survivors of certain veterans rated totally disabled at time of death.

(a) Even though a veteran died of non-service-connected causes, VA will pay death benefits to the surviving spouse or children in the same manner as if the veteran's death were service-connected, if:

(1) The veteran's death was not the result of his or her own willful misconduct, and

(2) At the time of death, the veteran was receiving, or was entitled to receive, compensation for service-connected disability that was:

(i) Rated by VA as totally disabling for a continuous period of at least 10 years immediately preceding death;

(ii) Rated by VA as totally disabling continuously since the veteran's release from active duty and for at least 5 years immediately preceding death; or

(iii) Rated by VA as totally disabling for a continuous period of not less than one year immediately preceding death, if the veteran was a former prisoner of war.

 

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opps broncovet beat me to it...

anyway to answer your question rather or not to file if you have an A..0. CLAIM? And your already 100% P&T??

Unless this Presumption A.O. Claims leaves you bed riddien or caused you to lose  part of your body  loss of use like amputations  no arms legs  things of this Nature  then no it want do any good to file.

other than just being S.C. For A..O. INCASE THESE OTHERS DO HAPPEN SOMEDAY.

Edited by Buck52 (see edit history)
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  • HadIt.com Elder

Good catch. Thanks guys. I stand corrected. That's what I get for not do diving sometimes. Lots of pro vet sites promote this as a reason to file also without explaining the second part. That's where I got it. " Damn barracks lawyers....." Mutter mutter 😀

Edited by brokensoldier244th (see edit history)
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Thats right broncovet thanks for the correction 55 or what ever age as long as they have been Service Connected at total 100% for  the 10 years

I think I was thinking about reduction after age 55,,,my mind is off track this Morning

I am worried about Gastone  I think we possibly have lost him??. I get no reply from him in emails and just yesterday I emailed his spouse and waiting for her to email me back with good news he is still with us?  or the worse.

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